Policy Text
University of California, San Francisco
Police Department General Orders
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4.15 Traffic Law Enforcement
4.15.13 DUI Investigation/Arrest (Revised: 2/16/17)
A. The goal of the Police Department with DUI enforcement is to detect, investigate and
apprehend alcohol - and drug -affected drivers to reduce the number of crashes and
violations involving this type of driver. This procedure involves four separate phases:
1. Vehicle operation
2. Driver contact
3. Pre-arrest screening
4. Arrest and subject disposition.
B. Vehicle Operation
Officers should o bserve the vehicle in operation and note any initial signs of a possible
DUI violation. The officer must decide if reasonable suspicion exists to stop the vehicle
to conduct further investigation to determine if the driver may be impaired or t o stop it
for another unrelated traffic violation. The officer is not committed to arresting the driver
for DUI based on the initial observation but should concentrate on gathering all relevant
evidence which may suggest impairment.
C. Driver Contact
The officer shall approach, observe and interview the driver and note any evidence of
impairment. This may include the results of face -to-face contact and conversation and an
overall assessment of the driver’s condition. During the initial contact with the dr iver, the
officer should evaluate the driver’s physical condition to determine if probable cause
exists for conducting field sobriety tests. The California Supreme Court has ruled field
sobriety tests are a search under both state and federal constitutions . This does not
preclude an officer from seeking initial consent from the driver to perform field sobriety
tests. Areas of concern may include, but are not limited to: odor of alcoholic beverage,
marijuana and/or “cover -up” odors, speech patterns, demeanor , inability to follow
directions, coordination and general appearance .
D. Pre-Arrest Screening
Whenever possible, officers will include standard field sobriety tests in any DUI
investigation. The following standardized field sobriety tests will be used:
1. Horizontal gaze nystagmus (qualified officers only)
2. Walk and turn
3. One-leg stand
E. Field Sobriety Tests
Any combination of the following field sobriety tests may be used in conjunction with the
above if the officer has received training:
1. Modified attention (Romberg test)
University of California, San Francisco
Police Department General Orders
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2. Finger to nose
3. Alphabet
4. Counting
5. Finger dexterity
The officer will note the responses to these and other tests given on the “DUI” form or in
the narrative of their preliminary investigative report.
F. Arrest and Subject Disposition
Once the officer determines the suspect is driving under the influence or while impaired,
officer shall advise the suspect he/she is under arrest for DUI and give him/her the option
of completing a breath sample or bloo d test. The suspect will be taken into custody,
searched and transported to the San Francisco County Jail or other facilities with the
necessary equipment to complete the test.
G. If the suspect chooses the Intoxilyzer (breath) test, the following proced ures shall be
followed:
1. Only certified officers may administer a breath test. UCSF Police Department
officers not certified to use the Intoxilyzer sha ll request assistance from the SFPD,
the CHP or a certified UCSF police officer.
2. Prior to using the Intoxilyzer, the officer shall observe the defendant to ensure that
he/she has not consumed any substance, chewed gum, burped or vomited for a
minimum of 15 minutes prior to the breath test. If any of these things occur the
observation period must begin ag ain.
3. In cases where a breath test is administered, the officer shall complete two
complete breath tests. If the defendant fails to comply with the second a ttempt, it
will be considered refusal to consent to the testing.
a. The two results must be with in .02 BAC or a third test is required.
4. Any person arrested for CVC §§ 23152/23153 has the right to an independent test
(Trombetta Advisement).
a. When the arrested person chooses a breath test, the handling officer shall
advise the person that the breath -testing equipment does not retain a
sample, and the person may, if desired provide a blood sample, which will
be retained to facilitate subsequent verification testing. If the arrested
person requests a blood sample, the officer will have the blood samples
taken following the procedure outlined in Section I of this general order.
H. If an officer has probable cause to believe the driver is under the influence of drugs or a
combination of alcohol and drugs, the driver may be required to provide a blo od sample
in addition to the breath test that may already have been administered. The subject’s
choice of tests and completion requirements are the same as with other implied consent
tests.
University of California, San Francisco
Police Department General Orders
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I. If the suspect chooses a blood test, the following procedures shall be followed:
1. Blood samples must be drawn by a medically -qualified person per CVC § 23158
in a reasonable and medically approved manner. Arcadia (800 -733-8427) shall be
contacted to arrange for a phlebotomist to perform ALL DUI blood draws. Blood
draws will be performed at the County Jail, SFPD Mission Station, a CHP Station
or, if the subject requires medical treatment, at the treating hospital. The location
depends on whether the suspect requires medical treatment and/or whether the
suspect is